ST9704-CS 990921 To: Bob Hager~ City Attorney
From: Kenneth M. Griff'm, P.E., Dir. of Engineering/Public Works
Date: August 30, 1999
RE: Town Center Blvd. right-of-way/easements Project St 97-04
The City of Coppell recently received copies of the "Special Warranty Dedication Deed for
Right-of-Way" and the "Sidewalk and Utility Easement" necessary for the construction of Town
Center Blvd. The estate of Joe Hinckley, et at, has already executed both documents. However,
the language in both documents has been changed somewhat from a typical easement and/or right
of-way dedication to include numerous restrictions, some of which may conflict with PD-178 as
approved by City Council for this property.
The following represents my observations and concerns with the documents. However, I am also
requesting that the document be reviewed from a legal standpoint as to restrictions it may place
on the City in the future.
Special Warranty Dedication Deed for Right-of-Way
,~ k, 1. The document states that the "donation and granting of the right-of-way to the City will
greatly enhance the quality of life in the City and constitutes a valuable donation." Does this
imply any significance? If not, is it necessary to the document?
% k, 2. The document states that the Grantee shah indemnify the Grantor from any expense resulting
from the access or use of the permanent right-of-way. Is this necessary?
3. The document states that the Grantor shall not be required to construct or add anything to the
remaining property that would block view of the corridor to this permanent right-of-way or
be deemed to be unsafe by reasonable and prudent standards. I have no idea what this
language peains to but it could pertain to the planting of trees. If that's the case, would that
be in conflict with their "Exhibit C" Landscape Plan associated with PD-1787
~' ,~: ,4. The ~iocument states that "this conveyance is made subject to those matters of public record."
I have no idea what this pertains to.
Exhibit 2
This exhibit contains seven paragraphs, which in some regards appear to conflict with the
restrictions as set forth by the City Council in PD-178.
1. Paragraph 2 states that the Grantor shall not be required to pay for constructing utility
.... ~" :: ~ services. Does this refer to all utilities such as water, sewer, electric, gas, etc.? If so, it
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
could mandate that in the future the City provide utility services to any development that
might take place on this property. That could incur thousands of dollars of costs to the City
to install services. If their intent is only to insure that they will not be required to place
existing overhead lines underground in the future, then it seems like paragraph 2 could be
clarified and shorten substantially.
Paragraph 3 states that the Grantor shall not be required to pay for the relocation of any
utility or utility franchise appurtenance, which interferes with any existing or future curb
cuts. It is my opinion that there should be a reference that they should not be required to pay
for anything that conflicts with the curb cuts as shown on "Exhibit B" in PD -178. Obviously,
any placement of utilities or appurtenances today will be based on that drawing. If in the
future they change the location of driveways, then there could be conflicts. If that happens,
why should the City incur the cost to relocate those conflicts?
Paragraph 4 states that the Grantee will not unreasonably withhold approvals of any
development, site plans, plats, or approvals. Obviously, anything submitted that meets the
requirements of City Ordinances and PD -178 will go through a normal review process and be
approved accordingly. The language as presented in paragraph 4 seems to imply that there
will be very little opportunity for the City to comment, request changes, etc. and that there
might be some implied consent given for anything submitted for approval.
Paragraph 5 states that all restrictions shall remain in affect for a period of fifty years. This is
a somewhat confusing paragraph as once we take possession of the right -of -way it is ours
forever. So I am somewhat confused as to why we are placing a time limit on anything
associated with the development of this property.
Paragraph 6 seems to be a direct conflict to Section 2I of PD -178. Paragraph 6 states that all
paving liens imposed by the City of Coppell against the overall property shall be released or
waived. Section 2I of the PD, states that the property will not be subject to future street
assessments (excluding roadway impact fees). The language in the PD was very specifically
written so that it was very clear that there would not be a per adjacent foot charge for the
construction of Town Center Blvd. However, there would be an impact fee assessed against
the property based on future development. Paragraph 6 states that all paving liens or other
encumbrances will be released or waived. There currently is an existing lien against the
property for the construction of Denton Tap Road. Are we to assume that we are releasing
that lien with this document? If so, is this the legal mechanism to do that? The language "or
other encumbrances" could also be construed to imply that all roadway impact fees will be
waived in the future. Again, paragraph 6 appears to be in direct conflict with the PD, as
approved.
Paragraph 7 states that all interpretations which favor the Grantor shall prevail. I am
somewhat confused why that statement needs to be in the document.
Sidewalk and Utility Easement
The sidewalk and utility easement was intended to be a fairly simple document that allowed
us the right to construct the sidewalk at our cost and to have area to install utilities. The
overriding benefit to the property owner was that by utilizing an easement as opposed to
right -of -way, there was less impact on the building setbacks. Because this is a very narrow
tract of land, from front to rear, that was a very important consideration for the property
owner. However, with this easement document, several restrictions are being placed upon
the easement, which could be costly to the City in the future.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
f. The document states that the Grantor shall not be required to relocate or install any overhead
utility or franchise facilities underground. Facilities is described as the sidewalk or any
franchise utilities. It fttrther states that any associated cost will be paid by the Grantee.
2. The document states that if there is any conflict in the future within the easement for any type
of appurtenance that might be in conflict with curb cuts, than the Grantee shall pay for the
~ ~":' '~ relocation of those facilities or appurtenances. At the very least, there needs to be a reference
~L~77i/, to "Exhibit B" of PD-178. However, even if there were conflicts, why would the City
.......... · ~'assume the financial responsibility for those relocations? It appears there should be a separate
agreement between the property owner and the franchise utility companies.
3. The document states that the Grantor reserves the right to use the easement for any purpose,
including paving, which does not interfere with the use by the Grantee. This could be
construed to be in conflict with the landscape plan and any landscape requirements by the '
City of Coppell if they are allowed to carte blanche pave the entire easement. I am not
suggesting that is their intent. But by stating that they are allowed to pave the entire
easement, that would eliminate the opportunity for any landscaping in the easement as shown
on the landscape plan provided with PD-178. Typically, when an easement runs through a
tract of land we do allow people to pave or park on the easement. However, with this
easement being adjacent to the property line and with the landscape plan in PD-178, this
particular wording could create some confusion or conflict in the future.
I am attempting to start the construction of Town Center Blvd., however, it is my opinion that
the execution of these documents by the City of Coppell, in their current configuration, would
not be in the best interest of the City of Coppell without additional clarification or modification.
Please respond to me at your earliest convenience as to your opinion of these documents. If you
should have any questions or need additional information please feel free to contact me at your
convenience.
cc: Jim Witt, City Manager
Clay Phillips, Deputy City Manager
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
CITY OF COP;'ELL
SPECIAL WARRANTY DEDICATION DEED FOR R GHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT, ESTATE of JOE C. HINCKLEY et al , acting by and through the undersigned, their duly
authorized representative, of the County of Dallas, State of Texas, for and in considgration the sum of
TEN AND NO /100'S DOLLAR ($10.00), and other good and valuable considerations paid by the City
of Coppell, a municipal corporation of Dallas County, Texas, receipt of which is hereby acknowledged,
does hereby donate, grant, bargain and convey to said City, its successors and assigns, a permanent right-
of-way and the right to construct, reconstruct and perpetually maintain a public street and/or drainage
facilities and utilities, together with all necessary appurtenances thereto, and with the right and privilege at
any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other
right granted herein, and for the purpose of constructing, reconstructing and maintaining said public street
and/or drainage facilities and utilities, and for making connections therewith, in, upon and across that
certain tract or parcel of land in Dallas County, Texas, being further described in Exhibit "1 ", Tract 2..
As a material inducement to the execution and delivery of this Deed by Grantor, Grantee f
specifically acknowledges and agrees: (i) that the donation and granting of the Right of Way to
the city will greatly enhance the quality of life in the City and constitutes a valuable donation to
the City. Grantee hereby confirms the items contained in Ordinance # 91500 -A -227 for Planned
Development #178 attached hereto as Exhibit "3" and made a part hereof with respect to the
Property. Further, Grantor shall be indemnified from any loss, costs, and expenses (including 7
attorney fees) resulting from the access or use by the public of the Permanent Right of Way.
c0e,'s_ Grantor shall not be required to construct or add anything to its remaining property that would the
block view of the corridor to this Permanent Right of Way or- be deemed to be unsafe by
reasonable and prudent standards.
' -781 This conveyance is made and accepted subject to those matters of public record, and those
attached hereto and made a part of hereof for all purposes and to the restrictions set forth on
Exhibit "2" attached hereto and made a part hereof for all purposes. By acceptance of this Deed
and as part of the consideration thereof, Grantee, its successors and assigns, convenants and agrees
and shall be obligated and bound to abide by and comply with Exhibits "2" and "3 ", which are
convenants running with the Special Warranty Dedication Deed for Right of Way.
TO HAVE AND TO HOLD the Land, together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and assigns forever, and Grantor does hereby
bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Land unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same of any part thereof, by, through or under Grantor but not otherwise.
EXECUTED this �j��' day of AUnu--,+ 1999.
ESTATE of JOFX.,HINCKLEY qt al
Grantor:
Accepted and Agreed on the effective date
CITY of COPPELL
Grantee:
Title:
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the ;;), ;A rd,~ day of A t~+
1999, by ~ ~r.~tnfLt~'lA
MM EXP 05 05 01
%~'?"'":~"~ ~__T*'_j._~_.:2~_~_~:'-_.,_NOTARY PUBLIC, State of Texas
My Commission Expires: C) 5 - C)~ - D I
STATE OF TEXAS §
COUNTY OF DALLAS §
This insmament was acknowledged before me on the day of ,
1999, by
NOTARY PUBLIC, State of Texas
My Commission Expires:
:"' :"' ""' " EXHIBIT "1" ::":':
:::.::::'.'. ...... --: .
" ...... TRAC. T:'NO "'
: : PROPOSED R.O;W. DEDICATION
- !, ,...
-:.'-' ' BEING a tract 'of land situated in the GEORGE W. JACK SURVEY, ABSTRACT NO. . .-.
.... 694, in the City of Coppell, Dallas County, Texas, and being part of that property. ...- ..
: -. :' "' ' described in a deed to Glen A. Hinckley and Joe C. Hinckley recorded in Volume 73201,
· . ":. Page 1722 of the Deed Records of Dal!a~'.County, Texas, a'rid 'also being part of the ' '+ '
'...' ':' overall tract described hereinabove as T.raCt::l, and being more particularly described as ..-'.-
' follows: :"
, I · -'
" COMMENCING at an "X" on concrete foalrid:in the west right-of-way line of Denton Tap '.: :' '+'
· ,. ': Road (:variable right-of-way), said point being the most southeasterly corner of Tract 2 of':". ';
the Sonic Addition, an addition to the .City of Coppell according to the plat thereof "':' ""
recorded in Volume 94144, Page 2353 of Said Deed Records; thence North 46 degrees
' -.. 20 minutes 23 seconds West. a,ong :..0'.a heriy boundary of sa,d Tract 2. a d,stance
: : ' of 21.08 feet; thence South 88 degrees 17' minutes 45 seconds West, continuing along . ·
.-, the southerly boundary of said Tract 2, a distance of 274.92"leer to the southwest comer . ..;--. '
of said Tract 2 for the POINT OF BEGINNI.NG; ...
THENCE South 88 degrees 17 minutes +45 seconds West, along the prolongation of the ..
south line of said Tract 2 of The SoniG Addition, a distance of 7.86 feet to the beginnin9
of a tangent curve to the left;:
THENCE Southwesterly, alon9 the curve :to the left which has a chord that bears South
83 degrees 35 minutes 17 seconds West fo~: 41.93 feet, a central angle of 09 degrees
24 minutes 57 seconds and a radius of 25.5..44 feet, for an arc distance of 41.98 feet to
the end of said curve and the beginnin9 of a Curve to the right;
THENCE Southwesterly, alon9 the curve to the right which has a.chord that bears
South 83 degrees 35 minutes 17 seconds-West for 55.63 feet,- a central angle of 9
degrees 24 minutes 57 seconds and a radius of 338.92 feet, for an arc distance of
55.70 feet to the end of said cu'Nei ~. ·
THENCE South 88 degrees 17 minutes 45 seconds West, 38 feet south of:and parallel
with the south line of Huntington Ridge, an'addition to the City of Coppell ~according to . ..
: the plat thereof recorded in Volume 93093,,.Page 1513 of said Deed Records, which is
also the most westerly north line of Coppel!. High School Addition, an addition to the City
of Coppell according to the plat thereCf recorded in Volume 92053,' Page 2834 of said
" Deed Records, a distance of 597.80 feet to 'a point in the west line of said Hinckley tract
and the east line of Shadydale Acres, an' addition to the City of Coppell according to the '-
· ~,,; plat thereof recorded in Volume 42, Page..95 of the Map Records of Dallas County,
· ' Texas;
' THENCE North 00 degrees 22 minutes::1'.6' seconds West, along the west line of said
.... Hinckley tract and east line of said S. hadydale Acres, a distance 6f 14.32 feet to the
'.: northwest corner of said Hinckley tract; . !
THENCE North 8~ degrees 19 minutes .14.'seconds East, alon9 t~e north line of said
Hinckley tract, v~hlch is also the north line 'of said Tract No. 1, a distah0e of 702.56 feet "'
to the northwest'cCmer of said Tract 2 of The Sonic Addition; : "."
:.. "' Tract 2 of The Sonic Addition, I '-.
.- and containin9 9,516 square feet, or 0.2185acre of land, more orless. '"
,'.,.:,,. · .,.
:,
· :-,.-,.-.. ,
.:.. ,: :.-,:: .-.
-'-" PAGE 1/~ ' '
-,. ,,., :: . .
... :!:. .
EXHIBIT "2"
1. The Property shall be improved, occupied and used only as a Permanent Right of Way for the
Public of the City of Coppell. -� N
2. Neither Grantor nor any subsequent heirs, successors, or s shall be required to pay for or to
` sign
perform the work necessary for moving or constructing utility services or for putting overhead
utility lines underground in the Sidewalk/Utility Easement or Right of Way dedication area.
3. Neither Grantor nor any subsequent heirs, successors, or assigns shall ever be required to pay for
,, Ga, kQ (vp the cost or to perform the work necessary to move any utility or utility franchise appurtenances
P5 1 -71 6 %KtA; b-� (including but not limited to overhead power lines) which interfere with any existing or future curb
-' cut opening(s) in the Easement or Right of Way dedication area
s V 1 4 to ,4 �Grantee acknowledges and consents to Ordinance #91500 -A -227 for Planned Development #178
and it's Exhibits and will not unreasonably withhold approvals of any Development, site plans,
plats, or approvals by Grantor, subsequent heirs, successors, or assigns.
5. The restrictions set forth above (the "Restrictions ") shall affect all of the Property, shall run with
the Property and shall exist and be binding upon Grantee and all persons claiming under Grantee
for a period of fifty (50) years from the date of filing of this conveyance. The Restrictions are
made solely for the benefit of Grantor and are not intended to create mutual or reciprocal
servitudes upon adjoining land for the benefit of adjoining landowners. Grantor and Grantee,
jointly but not severally, reserve unto themselves the right, from time to time,. without the joinder
by any adjoining landowner, to revoke or amend the Restrictions by written instrument duly
acknowledged and recorded in the Deed Records of Dallas, County, Texas. Grantor shall have the
right to enforce the Restrictions by any proceeding at law of in equity, including, but not limited
to, the right to enjoin any attempted or actual violation of the Restrictions.
4 °i ''� 4 6. and all other Paving Liens or other_ encumbrances imposed by the City of Coppell against the
�T "Overall Tract ", Property further described in Exhibit "2 ", page 2 shall be released or waived.
7. In the event of any conflict, ambiguity, or any dispute concerning the interpretation of any of the
L/- documents related to this document, including this document, the document or interpretation
which favors Grantor shall prevail.
C4
U-) b v-Q-cQ
7
Page 1/2
"' .--- EXHIBIT "2" (Cor~
,, : TRACT NO. 1
: : OVERALL DESCRIPTION
' ~ BEINGi'a 'tract of land situated in the GEORGE W. JACK SURVEY, ABSTRACT NO.
694, 'in. the City of Coppell, Dallas Cou~.ty, Texas, and being part of that property
described in a deed to Glen A. Hinckley and Joe C. Hinckley recorded in Volume 73201,
Page 1722 of the Deed Records of Dallas County, Texas. and I~eing more particularly
described as follows:
BEGINNING at an "X" on concrete set in the west right-of-way line of Denton Tap Road
(variable right-of-way) at the most south:easterly corner of Ti'act 2 of the Sonic Addition,
· : an addition to the City of Coppell according to the plat 'thereof recorded in Volume
" 94144, Page 2353 of said Deed Records; "'
'. THENCE South 01 degree 13 minutes 37 seconds East, along the west right-of-way line
--'i': of Denton Tap Road, a distance of 190.21 "feet to a 1/2-inch iron rod set in the north line
· " of a tract of land described in a deed to William Boorhem, Trustee, recorded in Volume
85111. Page 1197 and in the south line'of'said Hinckley tract;
THENCE South 88 degrees 39 minutes ~.00 seconds West, along the common line
between said Hinckley and Boorhem tracts,. a distance of 995.50 feet to a 1/2-inch iron
rod found in the east line of Shadydale .Acres, an addition to the City of Coppell
according to the plat thereof recorded in Volume 42, Page 95 of said Deed Records, for
the southwest corner of said Hinckley tract and the northwest corner of Denton Tap
Development, an addition to the City of Coppell according to the plat thereof recorded in
Volume 98118, Page 0037 of said Deed Records;
THENCE North 00 degrees 22 minutes 16 .seconds West, along the common line
· '. between 'said Hinckley tract and said Shadydale Acres, a distance of 205.41 feet to a
1/2-inch iron rod set for the northwest comer. of said Hinckley tract, said point also being
located in the south line of Coppeli High 'School Addition, an addition to the City of
Coppell according to the plat thereof recorded in Volume 92053, Page 2834 of said
Deed Records;
THENCE North 88 degrees 19 minutes :'~14 seconds East. alcjng the common line
between said Hinckley tract and said Coppell High School Addition, a distance of
702.56 feet to a 1/2-inch iron rod set for the northwest corner of said Tract 2 of The
Sonic Addition;
THENCE South 01 degree 42 minutes 17 seconds East, along the west side of said
Tract 2, a distance of 6.00 feet to a 1/2-inch iron rod set for the southwest corner of said
Tract 2;
THENCE North 88 degrees 17 minutes 45 seconds East, along the south line of said
Tract 2, a distance of 274.92 feet to an "X"'Cut on concrete 's_.e._t._f0_~_a.~cut-back corner;
THENCE SOuth 46 degrees 20 minutes 23 seconds East. continuing ~!ong the south line
of said Tr~ct'2 and along said cut-back line. a distance of 21.08 feet to the POINT OF
BEGINNiN'G and containing 205,140 square :feet, or 4.709 acres. of la~d, more or less.
PAGE 2/2
"': "' :';' '' EXHIBIT "3" '
/
~ Oi:~)INAj~CE OF TIE CI'I~ OF COPPF. LL, TEXAS
~ O~~CE OF T~ '~ OF COPPELL~ TE~,
~~G T~ CO~~NS~ ZO~G O~~GE ~ ~
OF T~ C~ OF COPPELL, TE~, ~ ~TOFO~ ~~ED, BY
G~~G A C~GE ~ ZO~G. FROM "C" (COeRCe) TO
"PD-C" ~L~D DE~LO2~, COeRCe) FOR T~
PROPER~ DESCRIED ~ E~IT "A" A~AC~D ~TO;
PRO~G FOR DE~LOP~ CO~ITIONS; PRO~G FOR A
CONCEPTU~ PLY, L~SC~E PLY, ACCESS RO~ PLY, ~
DE~LOP~NT G~EL~S A~AC~D ~TO ~
"B", "C", "D", ~ "E", ~SPE~LY; PRO~G A
CLAUSE; PRO~G A SE~~ffY CLAUSE; PRO~G A
SA~GS CLAUSE; PRO~G A PEN~ OF F~ NOT TO
EXCEED T~ S~ OF TWO THOUS~ DOLL~ ($2,000.00) FOR
EACH OFFENSE; ~ PRO~D~G ~ EFFE~ DATE.
~EAS, ~e Ci~ Pl~g ~d Zo~g Co~ssion ~d ~e gove~g body of ~e
C~ of Coppell, Text, ~ compli~ce ~ffi ~e laws of ~e State of Tex~ ~d pm~t to ~e
Comprehe~ive Zo~ng Ordin~ce of ~e Ci~ of Cop~ll, have given requisite no~c~ by
publication ~d o~¢~se, ~d ~¢r hold~g due he~gs ~d ~ord~g a ~I1 ~d f~ h¢~g to ~1
pro~ o~ers gen~ly, ~d to ~l perso~ ~ter~t~d ~d si~ted ~ ~¢ ~ected ~ ~d ~ ~¢
vici~ ~er~o~ ~e s~d gove~g body is of ~e op~on ~at Zo~g Application No. PD-178
should be approved, ~d ~ ~e exercise of legislative discretion have concluded ~at ~e
Comprehe~v¢ Zo~g Ord~ce ~d Map sho~d be ~end~d.
NOW, T~FO~, BE IT O~~D BY T~ CI~ CO~CIL OF T~ CI~
OF COPPELL, TE~S:
SE~ION 1. ~at ~e Comprehe~iv¢ Zo~g Ord~ce ~d Map of ~e Ci~ of Cop~ll,
Text, d~y p~sed by ~e gowming body of ~e Ci~ of Cop~ll, Text, ~ he~tofore ~ended, ~
~d ~e s~e is hereby ~ended to ~t a clmge ~ zo~ng ~om "C" (Co~erci~) to "PD-C"
~l~ed Development, Co~erci~) for ~e prope~ d~c~d ~ E~bit "A" a~ch~d hereto ~d
made a p~ hereof for ~1 p~os~.
SECTION 2. That the property shah be developed and used only in accordance with the
following development conditions and the Conceptual Plan, Landscape Plan, Access Road P!an,
and Development Guidelines attached hereto as Exhibits "B", "C', "D", and "E", respectively:
A. Except as modified herein. the property shall b~ j
used and developed in
accordance with "C' Commercial District regulations.
B. No building permit or certificate of occupancy shall .be issued for any
potion of the property until a Detail Site· Plan is appmved after public healing by City
Council and Planning and Zoning Commission.
C. Minimum Size of Yards: Refer to the provisions of Exhibit "E".
D. Access to Denton Tap Road shall be as generally set forth in Exhibit "B "
(Conceptual Site Plan).
E. Proposed Town Center West Boulevard fight-of-way and ten (10') foot
sidewalk and utility easement as shown on. the Conceptual Plan shall be conveyed to the
City by separate instrument prior to the issuance of'a building permit, plat approval or
Certificate of Occupancy for any portion of the property. Town Center West Boulevard as
shown on the. conceptual plan shall be designed and constructed by the City at City cost,
provided the owner has dedicated the necessary fight-of-way to the City.
F. The City shall, during the construction of Town Center West Boulevard,
construct a sidewalk at City cost within the ten (10') foot utility easement as shown on the
conceptual plan 0iixhinit "B'~, provided the owner has dedicated the necessary easement to
the City. Landscape provisions will be consistent with PD-178, 3-1A
//9/ ss2(~58
O. City shall install a third speed. hump based on approved driveway spacing as
shown on the Conceptual Plan if it is determined to be feasible by City Engineer.
H. City, at City cost, shall construct a brick or stone retaining wall 12" to 18" in
height as approve'd by City Engineer on the north side of proposed Town Center West
Boulevard.
I. Conditioned on the property being used, developed and maintained in
accordance with this ordinance and all applicable laws, the property will not be subject to
future street assessments (excluding road~a}; :impact fees).
J. Due to the shallow depth of the land, planting islands may be up to twenty
(20) parking spaces apart.
SECTION3. That the Conceptual Plan, Landscape Plan, Access Road Plan, and
Development Guidelines attached hereto as Exhibits "B", "C", "D" and "E", respectively, and
made a part hereof for all purposes, are hereby, approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in cortfiict with the provisions of this ordinaace shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
3//
5526658
~ so decided to' be unconstitutional, illegal or invalid, and shall not affect the validity of the
" Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinadc~ as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
· SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinanc~ shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amehded, and upon conviction shall be punished by
a free not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTIO/~I 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such eases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _~~-~day
of ~ 1999.
ATTEST:
IB YBAL ~INTE~
" 4//~/ $S26658
ROBERT E. HAG~I~,'CITY ATTORNEY
(REI--I/cdb 7/28/99)
BEING a tract of I/rid situated in the George W..raclc Survey', Abstract No. 694 i the
City oFCoppell, Dallas County, Texas and being part of a tract of land as conveyed to G~[en A.
I-Knckley and Joe C, t-rmclaey by deed recorded in Volume 7~01, Page 1722 o~' the Deed
Records of Dallas Cottory, Te~s and being more lmticulsrly descn'bed as/o .llows:
BEGINNING it s point of.intasectio'n of. the west Ene arDenton Tap Roscl (s variable
width (right-of.-v~ay) with the south line of'High School Access Reed (a variable widt rlgh~-or- '" '
way), ~s' dalicated by the recc~rded plat of The Sonic Addition, sn addition to the City of CoppeEl
as recorded in Voldme 94rI44, Pisge 23:~"3 of'the Deed Records of.Dallas County, Texas;,
· ~CE Ig. 0Ie13'37'' F,., 190.21 feet along the add west Hne of.Denton Tap Road to
point f.or comer, -, :.
THENCI~ S. 886.3~'00" W., 995.f0 feet leaving the said weal llne of' Denton Tap Road,
and ~g at' 70539 feet the northens~ 'comer of Lot 2 in Block "A". of. Denton Tap
Development, sn addition to the City or C.oppell as recorded in Volume 9111 I8, Page 037 or the
Deed .Records bf. Dallas Cdunty, Tens, to the-northwest ~omer ol' the said Denton
Development, said point also being on the east line ot'Shsdydale Acres Addition, an sddiiio. n to
the City ofCoppell. as r~corded in Volume 4I, Page 71 of the said Deed Records;
· IIiENCE N. 00e22'1~'' W., 205.10 f.eet leaving the north line of said Denton Tap
· DcveI~pn~ent, and rtm,lng alonl~. the .east line of. said Shadydale Acres Addition to a point
comer bebag on the said so .uth line of'High School Access Road;
'.: .'...THENCE along .the.said south line of'Higl~ School Access Road the following courses
and disiances: N. 1111'17'45' K, 702.56 feeftc~a point for comer;,
· · iTHENCE S. 01°4.2'15'' E.,'6.00'f.eet to a point f.<~r comer;,.
THENaN. 118°17'45" E., 274.92 feet to-apoint f.or comer;
:THENCE S. 46 .e20'23"E., 21,011 fe~t continuing along the said south line of High School
Access Road to the Point orBeZinnlnZ and con~ni.hZ 4,707 acres offand.
f
wqrTa'Tl~T~ wAw ~'~
' 'EXHIBIT "E"
PLANNED DEVELOPMENT DISTRICT NO. '178
General Purpose and Description: This Planned Development District is intended
· predorninately for "C" Commercial activities or uses of service natur~ which typically .have
operating characteristics (limited outside or limited open storage) or tr~c service requirements,
and to provide for flexibility of the design of buildings due to the long and narrow depth of the
property. All references herein to other sections or exhibits are referring to the City of Coppell
existing Zoning Ordinance as currently approved as of the date of this Planned Development
District, unless otherwise noted.
1. Use Regulations:
1. Any use permitted in existing "'e" Commercial, "O" Office, and "R" Retail
Districts.
2. Height Regulations: Thirty-five (35) feet nor more than two and one-half (2~) stories
high.
3. Area Regulations:
1. Minimum Size of Yards:
A) Front Yard: Thirty (30) feet, with no front yard parking. If front yard parking
is utilized, then the sixty (60) feet front yard setback shall be observed. However,
in the event that "Landscape Area A", as depicted on the conceptual site plan is
landscaped by the developer or property owner, then the building line adjacent to
Town Center West BouleVard may be reduced to twenty-five (25) feet, with no
front yard parking. If front yard parking is utilized, then a fiRy-~ve (55) foot
front yard setback shall be observed.
B) Side Yard: Thirty (30) feet; adjacent to South Prop~rt7 line fifteen (15) feet.
C) Rear Yard: Twenty (20) feet along the west property line and fifteen (15) feet
along the south property line.
2. Minimum Size of Lot:
A) Lot Area: None.
B) Lot Width: None.
C) Lot Denth: None. '
Page 10/11
City of Copp~ll Planned D~velopmcnt District # 178
Page I of 2
3. . Lot Coverage: In no ease shall more than forty (40%) percent of the lot area be
covered by buildings.
4. Floor Area Ratio: Maximum F.A.1L 1.0 to 1.
4. Parking R.e. quirements: Off street parking req.ukements shall befirovided in accordance
with Sections 234 and 31. ~
5. Type of Exterior Construction: construction shall comply with Section 23-5.
6. Landscape Requirement: Landscaped areas shall be provided according to Section 34
and the following modification. In the event that "Landscape Area A" as depicted on the
conceptual site plan is landscaped by the developer or property owner, then Section 34,
Landscaping Regulations will be modified. The following modifications to Section 34
shall apply. ;
Section 34 1-8 (B) Interior Landscaping. The area depicted on the conceptual site
plan "Landscape Area A" may be applied as a credit toward the interior
landscaping percentage test. However, if the aforementioned interior Landscape
credit is utilized, then the front yard building set back from thirty (30) feet to
twenty-five (25) feet shall not apply.
Section 34 1-9 (A) Landscaping Requirements for Non-Vehicular Open Space.
The area depicted on the conceptual site plan "Landscape Area A" may be applied
to the fifteen percent (15%) of that portion of the lot not covered by a building;
provided that this area has not been credited to the reduced front building line or
Section 34 1-8 OB) interior landscape.
7. Areas used for open storage shall comply with Section 23-7.
8. Driveway spacing shall be allowed generally as depicted on the conceptual site plan,
including a series of driveway openings.
9. One additional driveway shall be allowed to Denton Tap Road, generally near the
southeast comer of.the property.
City of Coppell Planned Development Dis~ct # 178 Page l 1/11
Pagc 2 of 2
SIDEWALK AND UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT, ESTATE of JOE C. HINCKLEY, et al, kno}vn herein as GRANTOR,
("Grantor") in consideration of the sum of Ten and no/100 Dollars ($10.00) and other valuable
consideration to the undersigned paid by the City of Coppell, Texas, ("Grantee"), the receipt
and sufficiency of which are hereby acknowledged, does by these presents, grant, bargain, sell
and convey unto Grantee an easement to install, construct, reconstrue_t, ~op~tc~, maintain, inspect,
repair, remove and replace a~ubiic sidewalk and fran6h{s~ U~illti'~i'ii'~'~ilities;5'fin, on, and over
the property in Coppell, Tex/~.g w~'i~ ~0Y6 i~'aFtTC~ff'~T~'ia'E'ffn~'~'~?~t "1", Tract 3
which is attached hereto and incorporated herein for all purposes ("Easement Property"), together
with the right of access to the Property for said purposes only.
Grantee agrees that said Facilities shall be kept in good, safe and proper working condition
and that when it opens of disturbs the surface of the Property, it will, at Grantee's own expenses,
expeditiously restore the surface of the Property and landscaping to substantially the same
condition in which they were immediately prior thereto.
The Facilities that are to be underground shall be, to the extent reasonably possible,
installed and maintained at a known depth below the ground level or surface of such easement at
the sole expense of Grantee. Grantor, its heirs, successors and assigns shall not be required by
Grantee or assigns to moye the Facilities, relocate and/or install overhead utility or franchise
Facil!ties underground, su6h cost shall be solely by Grantee or Grantee's Assigns.
If any equipment, poles, transformers, down guys, line drops, or any other appurtenance
thereto is placed within the easement which interferes with Grantor's, its heirs successors or
assigns Property, Grantee shall relocate said Facilities to a different location within easement at
Grantee's or assigns sole cost within Ninety (90) days of written notice by Grantor.
Notwithstanding the foregoing, neither Grantor nor any subsequent heirs, successors or assi~s
of Grantor shall ever be required to pay any cost or move any power/utility pole due to a curb cut
opening and such cost shall be paid for by Grantee and/or Texas Utilities ("TXU"), their
Grantor, Grantor's heirs, successors and assigns, shall have the right to use the Property for
any and all purposes, including paving said easement;which does not interfere with and prevent
the use by Grantee, its successors and assigns, of the above described easement, and/or to
dedicate all or any part of the surface of the Property affected by this easement for use as a public
street, road, alley or other public or private use, but excluding the construction of buildings on
said easement. ,'
Page 1/3
In the event of any parking, paving or landscaping improvements, now or hereafter erected
on the easement by Grantor, its heirs, successors or assigns, are damaged by Grantee, its
successors or assigns; Grantee, its successors or assigns shall repair said improvements as soon
as reasonably possible, at their sole expense, and with minimum interference to the rights of
others using said easement.
Grantee or assigns will use its best efforts to cause the installation of such Facilities prior
to the paving and landscaping of Town Center West Boulevard and any development on Planned
Development #178 property set out in Exhibit "2".
TO HAVE AND TO HOLD, unto the said Grantee, its successors and assigns, as aforesaid
for the purposes stated above; provided, that the fights granted pursuant to the foregoing shall at
all times be exercised in such manner as to cause the least reasonable interference with the
normal operation of the Property.
By acceptance of this instrument, Grantee agrees to abide by the terms and conditions
herein on its part to be performs, shall be deemed to be a signatory hereto, and the provisions of
this easement shall inure to the benefit of and be obligatory upon the respective parties hereto,
their heirs, successors and assigns.
In the event of any conflict, ambiguity, or any dispute concerning the interpretation of any
of the documents related to this document, including this document, the document of
interpretation which favors Grantor shall prevail.
EXECUTED this ,;- ~3 L~ day of /~, c-,~5 'k 1999.
GRANTOR:
ESTATE of JOE C. HINCKLEY, et al
GRANTEE:
CITY OF COPPELL
By:
Title:
Page 2/3
STATE OF TEXAS §
COUNTY OF D.ALLAS §
This instrument was acknowledged before me on the c'~ '~ ~-d~ day of ~ t.tta ct~ '4~ ,
NOTARY PUBLIC, State of Texas
My Commission 'Expires: ~-0 ~ - (D ~
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of ,
1999, by
NOTARY PUBLIC, State of Texas
My Commission Expires:
Page 3/3
- -": ' TRACT'NO~ 3 '
~' ' ' ' PROPOSED SIDEWALK, DRAINAGE &UTILITY EAS~=MENT '"
. :. BEING a tract Of land 'situated in the GEORGE;W. JACK SURVEY, ABSTR/~CT N'o. 694,
' ' ' .... in the City of Coppell, Dallas County, Texas;' ~n~l ·being part of that property described in a
. ..-.' deed to Glen A, Hinckley and Joe C. Hincldey:~ecorded in Volume 73201, Page 1722 or ' ·
.' . the Deed Records of Dallas County, Texas, 'and also being part 5f the herein described
Tract 1, and being more. particularly describe~l as follows:
......: ..... BEGINNING at an "X" on concrete found in the'west right-of-way line of benton Tap Road
" (variable right-of-way), said point being the'.most southeasterly comer of Tract 2 of The
Sonic Addition, an addition to the City of Ceppel[ according to the plat thereof recorded in
Volume 94144, Page 2353 of said Deed Records;
THENCE South 01 degree 13 minutes 37 seconds East, along the west right-of-way line
' ' ' of Denton Tap Road, a distance of 14.11 fee. J; .. .,
THENCE North 46 degrees 20 minutes 23: S'econds West, 10 feet south of and parallel .-.
with the southerly boundary of said Tract 2, a distance of 26.86 feet;
THENCE South 88 degrees 17 minutes. 45" SecOnds West, 10 feet south of and parallel
· ': with the southerly boundary of said Tract 2, a:'distance of 278.60 feet to the beginning of a
·" '-"' tangent curve to the left; ' :. ':'
THENCE Southwesterly, 10 feet south of and parallel with the southerly boundary of the
right-of-way dedication tract described here!nabov, e as Tract No. 2 and along the curve to
the left which has a chord that bears South '83 degrees 35 minutes 17 seconds West for
:-:'-:'-' · - 40.29 feet, a central angle of 9 degrees 24. minutes 57 seconds and a radius of. 245,44
feet, for an arc distance of 40.33 feet to the {jr~d of said curve and the beginning of a curve
to the right; :..
THENCE Southwesterly, 10 feet south of and :parallel with the southerly boundary of'the
right-of-way dedication tract described hereinabove as Tract No. 2 and along the Curve to
the right which has a chord that bears South 83 degrees 35 minutes 17 seconds West for
57.28 feet, a central angle of 9 degrees 24.minutes 57 seconds and a radius of 348.92
feet, for an arc distance of 57.34 feet to the end of. said curve;
THENCE South 88 degrees 17 minutes 45: ~econds West, 10 feet south of and parallel
· with the southerly boundary of the right-of-way dedication tract described hereinabove as
Tract No. 2, a distance of 598,03 feet to a poi.nt in the west line of said Hinckley tract;
THENCE North 00 degrees 22 minutes .16 seconds West, . along the west line of said
Hinckley tract, a distance of 10.00 feet to the southwest corner of the right-of-way .'
dedication tract described hereinabove as T~a'.ct N,o_.._2;_ ...........
THENCE North 88 degrees 17 minutes 45 seconds East, along the southerly boundary of '.
:....:: .':.::. . said ·right-of-way dedication tract, a distance of 597,80 feet to the beginning of a tangent .
" THENCE Northeasterly, continuing along .the.' southerly boundary of said right-of-way ".:
dedication tract and along the curve to the'! left which has a chord that bears North 83
'- degrees 35 minutes 17 seconds East for '55,63 feet, a central Jangle of 9 degrees 24
minutes 57 seconds and a radius of 338,92· feet, for an arc distance of 55.70 feet to the
.. end of said curve and the beginning of a curve to the dght; : .:'..:
'-. - THENCE Northeasterly, continuing along the:'southedy boundary of said righi-of-way
-. dedication tract and along the curve to the right which has a chord that bears North 83
degrees 35 minutes 17 seconds East for 41,93 feet, a central angle of 9 degrees 24
- ' minutes 57 seconds and a radius of 255.44 feet, for an arc distance of 41.98 feet to the
end of said curve; .~. - ' '..:".
?~;.'.:::::- . THENCE North 88 degrees 17 minutes 45 ~econds East, con~nuing along the southerly .:
boundary of said right-of-way dedication tra~! and the southerly boundary bf said Tract 2
, ':-. of The Sonic Addition, a distance of 282.78 feet;' .
'": "' THENCE South 46 degrees 20 minutes 23 .s.eConds East, continuing along the southerly ':'""
-' boundary of said Tract 2 of The Sonic Addition; 'a distance of 21.08 feet to the POINT OF "
· · - BEGINNING and containing 10,002 square fe. et, or 0.2296 acre of land, more or less. Page 1/2 ..: ..
. EXHIBIT "2" ;
TRACT NO. 1.
OVERALL DESCRIPTION
. , ,.
BEING!a 'tract of land situated in the GEORGE W. JACK ~URVEY, ABSTRACT NO.
694, 'in the City of Coppeil, Dallas Co'u6ty~ Texas, and being part of that' property
described in a deed to Glen A. Hinckley an;Ci Joe C. Hinckley recorded in Volume 73201,
Page 1722 of the Deed Records of Dallas .County, Texas, and IJeing more particularly
described as follows: ':"
:.
BEGINNING at an "X" on concrete set in the west right-of-way line of Denton Tap Road
(variable right-of-way) at the 'most southeasterly corner of Ti'act 2 of the Sonic Addition,
an addition to 'the City of Coppell according to the plat 'thereof recorded in Volume
94144, Page 2353 of said Deed Records; "'
THENCE South 01 degree 13 minutes 37 seconds East, along the west right-of-way line
of Denton Tap Road, a distance of 190;2:1 ':feet to a 1/2-inch iro, n rod set in the north line
of a tract of !and described in a deed to Wiliiam Boorhem, Trustee, recorded in Volume
85111, Page 1197 and in the south line oFsaid Hinckley tract;
THENCE South 88 degrees 39 minutes~00 seconds West, along the common line
between said Hinckley and Boorhem tracts;. a distance of 995.50 feet to a 1/2-inch iron
rod found in the east line of Shadydale; ;Acres, an addition tO the City of Coppeli
according to the plat thereof recorded in Vo!Ume 42, Page 95 of said Deed Records, for
the southwest corner of said Hinckley tract and the northwest corner of Denton Tap
Development, an addition to the City of Coppeli according to the plat thereof recorded in
Volume 98118, Page 0037 of said Deed' Records;
THENCE North' 00 degrees 22 minutes' i~6 .seconds' West, along the common line
between 'said Hinckley tract and said Shadydale Acres, a distance of 205.41 feet to a
1/2-inch iron rod set for the northwest corner. of said Hinckle.y tract, said point also being
located in the south line of Coppell High:School Addition, an addition to the City of
· -.. Coppell according to the plat thereof' recorded in Volume 92053, Page 2834 of said
Deed Records;
THENCE North 88 degrees 19 minuteS~"14 seconds East, along the common line
between said Hinckley tract and said C0ppell High School Addition, a distance of
702.56 feet to a 1/2-inch iron rod set for the northwest corner of said Tract 2 of The
Sonic Addition;
THENCE South 01 degree 42 minutes 17 seconds East, along the west side of said
Tract 2, a distance of 6.00 feet to a 1/2-inCh iron rod set for the southwest corner of said
Tract 2;
f
THENCE North 88 degrees 17 minutes ~4,5 'seconds East, 'along the south line of said
Tract 2, a distance of 274.92 feet to an. "X"-'Cut on concrete 'set for a cut-back corner;
THENCE SOuth 46 degrees 20 minutes 23 seconds East, continuing ~long..the south line
of said Tr~ict'2 and along said cut-back line, a distance of 21.08 feet. to the POINT OF
BEGINNiN'G' and containing 205,140 squa~'e.feet, or4.709 acres. of !aNd, more or less.
;